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1990.08.07_TC_Minutes_Regular.~ ' r ~' TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission REGULAR MEETING Tuesday, August 07, 1990 7:30 P.M. Mayor Joseph A. Boulay called the Regular Meeting of the Town Commission to order at 7:30 P.M. in the Commission Chambers at Town Hall. Others present were Vice Mayor Bill Paul and Commissioners Betty Jean Stewart and Harold C. Chambers. Commissioner Marvin A. Waldman was absent. Others in attendance were Town Attorney Thomas E. Sliney, Town Manager Mary Ann Mariano, Town Clerk Anne M. Kowals and members of the general public. The Mayor noted that this Regular Meeting will be recessed at 8:00 P.M. for the purpose of conducting an advertised Public Hearing to receive citizen input on the proposed Land Development Ordinances. Following roll call, the Pledge of Allegiance was given. ADOPTION OF AGENDA There were no additions, deletions or changes to the Agenda and same was adopted as written. APPROVAL OF MINUTES The following Minutes were submitted for approval: June 26, 1990 - Workshop Meeting July 03, 1990 - Regular Meeting MOTION to approve the Minutes, as amended, was made by COMMISSIONER STEWART/VICE MAYOR PAUL. Same carried without objection. PUBLIC COMMENTS AND REQUESTS Mayor Boulay, requesting public comments and requests from the audience, noted there is a 5 minute limit for comments and requests; should there be an issue further into the Agenda that one would like to address, upon being recognized by the Chair, with Members' approval, the Town Commis- sion would hear the individual at that time. Mr. Leonard Bell, residing at 2727 South Ocean Boulevard, noting he is curious about the property behind Town Hall, stated that he phoned the Mayor's office requesting information with regard to the number of newsletters that are mailed out, the number of people living and paying taxes in Town, and the number of people who participated in the park survey (the number sent out and the number completed and returned) that had been mailed in July of 1989. Mayor Boulay advised that he responded • Town Commission August 07, 1990 Page 2 of 9 Regular Meeting Minutes to Mr. Bell's request in a memo dated August 07, 1990, a copy of which was presented to Mr. Bell at this meeting. When Commissioner Stewart asked why was not the Town Manager available to discuss this with Mr. Bell, the Mayor advised that the call came through to him and he said he would have the answers for Mr. Bell tonight. Mr. Jose Echeverria of Russell Drive, the D.N.R. representative of the Turtle Program in Highland Beach, informed the Town Commission that this year, as of the end of July, there have been 744 nests and 522 false crawls. Mr. Echeverria thanked the various condominiums and private home owners who have been very cooperative in turning out their lights to make it possible for the turtles to come in and the hatchings to go out. Mr. Echeverria also thanked Chief Cecere and the Police Depart= ment for their support in this program. Mr. Echeverria emphasized that the Fish & Game Commission is serious about lights out on the beach during the turtle program. REPORTS - TOWN COMMISSION Vice Mayor Bill Paul • No report. Commissioner Marvin A. Waldman Absent - no report. Commissioner Betty Jean Stewart Commissioner Stewart questioned if any Town Commission action was taken with regard to the motion made by the Water Resources Advisory Board at their 3uly 02, 1990 Special Meeting putting a hold on further activity on the part of our Consulting Engineers to obtain approval from Boca Raton for reverse osmosis plant at our water treatment site. The Town Manager noted that there is no action at all with regard to Boca Raton at that site at this time. Commissioner Stewart noted that it should be clear that the Water Resources Advisory Board is not the one who effects holds on the Engineers; that is something the Town Commissions do, the Town Managers do but not something the Water Resources Advisory Boards do. Following discussion of this matter, MOTION was made by COMMISSIONER STEWART/COMMISSIONER CHAMBERS "that until advised by the Town Commission, the Consulting Engineers shall not approach the City of Boca Raton for permits at the water treatment site." A roll call vote resulted in four "AYE" votes cast by the Commission Members present. Noting the Water Resources Advisory Board is scheduled to meet on Thurs- day, August 09, 1990, Commissioner Stewart asked if Commission Members want to discuss any aspects of that Board at this time. The Mayor Town Commission Regular Meeting Minutes August 07, 1990 • Page 3 of 9 advised that said meeting was scheduled to establish leadership (elect a chairman) on that Board. Commissioner Chambers, noting that Water Resources Advisory Board Member A. G. Voress who has met with each Commissioner individually is present today, asked if Mr. Voress would like to address the Town Commission at this time. Mr. Voress, reiterating the Mayor's statement regarding the need to elect a chairman of the Water Resources Advisory Board, stated it is his belief that the activities of the Water Resources Advisory Board ought to be responsive to those issues and directions the Commission, as a whole and individually, would like to see pursued. Also, the Board should report their activities periodically to the Town Commission at a workshop Meeting or in any manner the Commission chooses. Mr. Voress noted that the Water Resources Advisory Board is prepared to develop those alternatives that the Town Commission wishes to see pursued; the W.R,A.B. should keep the Town Commission advised of its activities, operations and any new options or alternatives that become available. Mr. Voress stated the Commission has to direct the Water Resources Advi- sory Board because they are the arms and legs of the Town Commission. Mr. Voress noted the Board wants to be responsive to what the Commission wants done and the Board needs some mechanism to be sure it is on track and guidance in the right direction. Commissioner Chambers, noting that South Florida Water Management District has scheduled an important meeting on Wednesday (August 08, 1990), said he will try to attend and he hopes anyone else interested would also attend. The Commissioner stated that, at some point during water discussion, he would like to review a document that was received from Dr. Pat Gleason of J. M, Montgomery, Consulting Engineers. Commissioner Stewart requested that the Agenda Action Report contain a disclaimer, stating the information contained herein is subject to correction and intended for informational purposes only; it should not be considered the official record of the Town Commission Meetings. The Town Attorney and Town Clerk will prepare such statement for inclusion in all future Agenda Action Reports. Commissioner Harold C. Chambers Commissioner Chambers, stating that he believes water is the single most important issue facing the Town, read into the Minutes a memorandum of 07/26/90 to the Town Manager from Dr. Gleason of J. M. Montgomery (a copy of which is attached to and made a part of these Minutes) regarding SFWMD's approval of water conservation measures. Commissioner Chambers stated that South Florida Water Management District will be meeting on the morning of August 08, 1990 with regard to some of the issues raised in said memo which relates to some very interesting alternatives that the Water Resources Advisory Board should be considering, as well as the . Town Commission. With regard to said memo, Town Manager Mariano noted Town Commission August 07, 1994) Page 4 of 9 Regular Meeting Minutes that the Town has had three of the conservation measures in effect for the last few years (a conservation rate structure, Xeriscape Ordinance and a conservation plan in place that was approved by S.F.W.M.D.). Mayor Joseph A. Boulay Mayor Boulay noted the memo to the Town Commission regarding a letter received from Patricia Silver, an Attorney representing Concordia Properties, concerning Ordinance No. 563 (Open Spaces and Recreation). Town Attorney Sliney advised that he was in contact with Attorney Silver who agreed to discuss the matter further. Following such discussion and review of their respective files, the Town Attorney will report to the Town Commission at an early date. Mayor Boulay noted Attorney Dan Rosenbaum advised there was some activity in the Broadview litigation--the court ruled that, should we go to trial, it will be a trial by jury. The Mayor presented Police Chief Cecere with a plaque honoring him for his selection as a member of Who's Who in Law Enforcement for 1990. REPORTS - TOWN ATTORNEY • The Town Attorney noted that he also has been in contact with Attorney Dan Rosenbaum who is working to coordinate settlement re the Broadview matter. At this point in the Regular Meeting, the Town Clerk gave first reading, by title only, to the following proposed ordinances: 1. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, RELATING TO REZONING, PROVIDING FOR THE AMENDMENT OF THE "OFFICIAL ZONING MAP" OF THE TOWN OF HIGHLAND BEACH A5 INCORPORATED BY REFERENCE IN ORDINANCE NO. 503; PROVIDING FOR THE APPROPRIATE REVISION OF THE OFFICIAL ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE. 2. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH TO REPEAL CHAPTER 28-1/2 ("TREES, SHRUBS AND VEGETATION") AND ADOPT IN ITS PLACE A NEW CHAPTER 2$-1/2 ("XERISCAPE - LANDSCAPE REQUIREMENTS; INSTALLATION AND MAINTENANCE"); PROVIDING FOR A STATEMENT OF PURPOSE; PRO- VIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PRO- VIDING FOR CONFLICTS; PROVIDING FOR LANDSCAPE DESIGN STANDARDS; PROVIDING FOR XERISCAPE PRINCIPLES; PROVIDING FOR SITE DESIGN STANDARDS; PROVIDING FOR IRRIGATION DESIGN STANDARDS; PROVIDING FOR PLANT MATERIAL AND INSTALLATION STANDARDS; PROVIDING FOR MAINTENANCE STANDARDS FOR CULTIVATED LANDSCAPE AREAS; PROVIDING FOR Town Commission Regular Meeting Minutes August 07, 1990 Page 5 of 9 MAINTENANCE OF NATURAL PLANT COMMUNITIES; PROVIDING FOR LANDSCAPE PLAN REQUIRED; PROVIDING FOR VESTED RIGHTS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PRO- VIDING FOR FEES; PROVIDING FOR ADMINISTRATIVE GUIDELINES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE. 3. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH CHAPTER 30 ENTITLED "ZONING" SO AS TO AMEND SECTION 4.3 ENTITLED RESIDENTIAL MULTIPLE FAMILY-LOW DENSITY (RML-1); REPEAL SECTION 4.4 ENTITLED RESIDENTIAL MULTIPLE FAMILY-LOW/MEDIUM DENSITY (RML-2); RENUMBER AND AMEND SECTION 4.5 ENTITLED RESIDENTIAL MULTIPLE FAMILY- MEDIUM DENSITY (RMM), RENUMBER AND AMEND SECTION 4.6 ENTITLED RESIDENTIAL MULTIPLE FAMILY-HIGH DENSITY (RMH); AND, RETITLE AND AMEND SECTION 5.17 DRAINAGE; FOR THE PURPOSE OF PROVIDING REVISED REQUIREMENTS FOR MINIMUM LOT AREA; MAXIMUM DENSITY, MAXIMUM BUILDING HEIGHT, AND MAXI- MUM LOT BUILDING COVERAGE; PROVIDING FOR STORMWATER MANA- GEMENT REGULATIONS; PROVIDING FOR CODIFICATION; AND ALSO PROVIDING FOR AN EFFECTIVE DATE. . 4. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH TO CREATE CHAPTER 31, ENTITLED "RESOURCE PROTECTION STANDARDS"; PROVIDING FOR A STATEMENT OF PURPOSE; PROVID- ING FOR TREE AND UNDERSTORX PRESERVATION; PROVIDING FOR LETHAL YELLOWING DISEASE; PROVIDING FOR ENVIRONMENTALLY SENSITIVE LANDS; PROVIDING FOR HABITAT OF ENDANGERED OR THREATENED SPECIES; PROVIDING FOR FLOODPLAINS; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. 5. AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH TO CREATE CHAPTER 32 ENTITLED "CONSISTENCY AND CONCURRENCY DETERMINATIONS"; PROVIDING FOR DEFINITIONS; PROVIDING FOR DETERMINATION OF CONCURRENCY; PROVIDING FOR A SYSTEM FOR THE MANAGEMENT OF CONCURRENCY; PROVIDING FOR AN ANNUAL REPORT; PROVIDING FOR ADOPTED LEVELS OF SERVICE; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE. The Regular Meeting of the Town Commission was immediately recessed by Mayor Boulay for the purpose of holding an advertised Public Hearing to receive citizens'input as well as Commission comment on these proposed ordinances. • Mayor Boulay reconvened the Regular Meeting at 8:40 P.M. Town Commission Regular Meeting Minutes August 07, 1990 • Page 6 of 9 REPORTS - TOWN MANAGER • At this time, Town Manager Mariano requested Senior Planner Jim Park of Gee & Jenson give a brief update re the bike path study. Mr. Park ad- vised that aerial photos have been taken and will be available within the next few days; Gee & Jenson will start work immediately and have a preliminary report on the bike path within two to three weeks with the final report available shortly thereafter. Town Manager Mariano reported that the Governor vetoed the adopted Senate Bill relating to the Growth Management Act regarding Towns with a population under 3,500. A copy of the House Bill regarding this matter, which was not vetoed by the Governor, was requested by the Town Manager who will report, upon receipt of same, if the Town will have some relief. The Town Manager noted receipt of a reply from Jo Ellen Leisinger of Urban Design Studio regarding the 50% increase over the contracted fee. Inasmuch as the Town Commission had no time to review said reply, this matter will be included on the Workshop Agenda for the August 28,1990 Town Commission Meeting. REPORTS - BOARDS AND COMMITTEES Mayor Boulay noted the existing vacancies on the various Town Boards. It was noted there were no Talent Bank Applicants present for interview by the Town Commission; however, Commissioner Chambers advised that Mr. Terry Lee (whom he is considering for the Planning Board) is present should the Commission have any questions. The Mayor, noting Mr. Lee was interviewed at a previous Meeting, requested nominations. None were forthcoming. The Mayor, noting the schedule of meetings, advised that the Code Enforcement Board and Planning Board Meetings have been cancelled for August; a Water Resources Advisory Board Meeting has been scheduled for August 09, 1990. PROPOSED RESOLUTIONS AND ORDINANCES The five proposed ordinances, listed after the REPORTS - TOWN ATTORNEY, were given first reading, by title only. 6. A RESOLUTION AUTHORIZING THE ENTERING INTO OF AN INTERLOCAL AGREEMENT PROVIDING FOR FIRE/RESCUE SERVICES IN THE TOWN OF HIGHLAND BEACH BY PALM BEACH COUNTY FIRE/RESCUE DEPARTMENT. Mayor Boulay noted that the Palm Beach County Fire/Rescue contract which would allow the Town until February, 1991 to opt out of said contract by Town Commission August 07, 1990 Page 7 of 9 regular Meeting Minutes October 1, 1991, has not been executed by the Town. Also noted was the fact that Town Manager Mariano is currently involved in discussions re- garding the possibility of obtaining Fire/Rescue Services from other municipalities and different companies. During discussion of this matter, Mr. George Schaefer, a resident/owner at the Seagate of Highlands Condominium, and Ms. Margaretellen Ford, a resident/owner at 4505 S. Ocean Boulevard, urged the Town Commission to continue pursuing alternatives to Palm Beach County Fire/Rescue. At the conclusion of substantial deliberation, it was the consensus to delay this matter until the August Workshop Meeting of the Town Commission. REGULAR BUSINESS Items Left Over 1. Discussion re Hurricane Procedures • Town Manager Mariano explained that the item addressed at the last Town Commission Meeting was deleted and Police Chief Cecere contacted the Civil Defense with regard to the question raised relating to the evacuation process. Mr. Kennedy of the Civil Defense advised that the Town is not responsible if its residents do not respond to the evacua- tion order issued by the Town's Police Department (the Town can not compel the people to leave their buildings). Chief Cecere requested that Mr. Kennedy submit this data in writing. Following discussion, COMMISSIONER STEWART/VICE MAYOR PAUL MOVED to accept the hurricane procedures as amended, to be reviewed annually. All were in favor of the MOVE. 2. Discussion re proposed policy for government access Channel 12 During discussion at the July Workshop Meeting, a consensus was reached to have the Town Manager draft a memorandum regarding televising of the Boards Meetings which memo, upon Town Commission approval, would be sub- mitted to the Boards with a request that they transmit their opinions to the Commission. Following discussion of the matter, MOTION was made by COMMISSIONER CHAMBERS/COMMISSIONER STEWART to send out the memo from the Town Manager regarding televising Board Meetings. All Members were in favor of the MOTION. At this point, Commissioner Chambers questioned if the Commission will adopt a policy for public access for Channel 12. A discussion ensued with regard to televising and taping of all Town Commission Meetings which resulted in the following MOTION by COMMISSIONER STEWART/COMMIS- SIONER CHAMBERS that all Town Commission Meetings will be televised at the time of their creation. A roll call vote resulted in each Member present casting an "AYE" vote. • Town Commission Regular Meeting Minutes August 07, 1990 Page 8 of 9 COMMISSIONER CHAMBERS proposed a MOTION that all Meetings of the Town Commission be taped and rebroadcast at a time agreed upon by the Town Commission within thirty (30) days. COMMISSIONER STEWART SECONDED same for the purpose of discussion. During substantial discussion of this MOTION, Mr. Leonard Bell of 2727 S. Ocean Boulevard commented that "The more the citizens know and see about the government, the more they understand, the better informed they are and the more likely they are to participate; it's good government to let the citizens see what's happen- ing." Mr. Abe Futernick, residing at the Coronado Condominium, noted that he could not see the individual faces on television and the audio was very low therefore he came down to the Town Commission Meeting. Following lengthy deliberation, COMMISSIONER CHAMBERS MOVED that all meetings of the Town Commission be taped and rebroadcast by the Town Commission within thirty (30) days. This MOTION failed for lack of a SECOND. COMMISSIONER CHAMBERS then amended the MOTION to read as follows: That all Meetings of the Town Commission be taped and replayed on the Friday following such Meetings and those tapes shall be in the possession, at all times, of the Town Manager, or his or her designee. At all times, they shall be unedited from start to finish. The replay- ing of tapes shall be for a ninety (90) day trial period. After Commis- sioner Chambers agreed to the addition of the last sentence, COMMIS- SIONER STEWART SECONDED the amended MOTION. A roll call vote resulted as follows: • Commissioner Stewart "AYE" Vice Mayor Paul "AYE" on the Commissioner Chambers "AYE" assumption this is a ninety Mayor Boulay "AYE" (90) day trial. 3. Discussion re landscaping behind Town Hall Town Manager Mariano noted receipt of two different quotes (one at $1,700.00 and one at $2,100.00) to relandscape the area around Town Hall between the building and parking lot. The Town Manager explained that she has several names of vendors that might be used to split the purchase and thereby save money. During discussion of this matter, it was the consensus that the Town Manager use her best judgement relative to the relandscaping project. MOTION was made by COMMISSIONER CHAMBERS/ COMMISSIONER STEWART to authorize the Town Manager to use her best discretion to solve the problem back there at a cost of up to $1,700.00. The MOTION carried without objection. CONSENT AGENDA 1. A~~roval of Budget Transfer as recommended by the F.A.B. on July 16, 1990 COMMISSIONER STEWART/VICE MAYOR PAUL MOVED to approve the Consent Agenda. Town Commission Regular Meeting Minutes August 07, 199 Page 9 of 9 There being no further business to come before the Town Commission at this Regular Meeting, Mayor Boulay adjourned same, upon proper MOTION, at 9:45 P.M. APPROVED: -- ~~ ~ _ , ~ ~.,_ ~o eph Boulay, Mayo t.~--~ Bi 1 Paul, Vice Mayor (Absent) Marvin A. Waldman, Commissioner Bett an S Commissioner ~~ ~~ rd'~d C.- Chambers, Commissioner n U .- ~ ~ '~~.~~-~t'~-i~. C~~~'~lc..rx. f~-~~ •' ~~ ~ /~~ ,~ ~r~-~-~ ~~ -~.~- AUG - ~` ~ . SFWNID BOARD APPROVES STERN WATER CONSERVATION MEASURES REGIONAL AUTHORITIES ON AGENDA At the July meeting of the South Florida Water Management District (SFWMD), ~g C=nverning Board endorsed the staffs recommendations for a broad range of water The SFWMD will push for local governments to implement a 9:AM to 5:00 PM ban on lawn- watering rather than for the SFWMD to implement year-round water shortage restric- tions. Xeriscape ordinances will be required by permit and will be pushed through intergovernmental coordination. The SFWM is also going t~ require conserva_tion~,.rate structures which will be designed to save water and penalize inefficient uses. A public information campaign to cut down on water demands will be required for public water supply uses. SFWMD staff indicated that conservation plans required under the regulatory process will • be used to implement most of these restrictions. Steve Lamb, Director of the Water Use Division at SFWMD, indicated this week that the August Governing Board meeting may be a landmark for development of new initiatives. The staff will hush for the development of regional water supply authorities within each of the 16 Counties within the district. At one end of the spectrum, these authorities will be used as County-wide planning agencies to determine solutions to water supply problems. At the other end of the spectrum, said Lamb, they could also be used to develop regional wellfields. Lamb said that these would be implemented primarily through intergovernmental coordination. Lee County's regional water supply authority, which is the first in the SFWMD. was recently approved by the Florida Department of .Environmental Reeulati~ (FDER). SFWMD staff will take the recommendation for development of regional water supply authorities to the August Board, but does not expect any decision by the Board until September. Lamb also said that the use of all reclaimed water will be required in the future. The Governing Board very much supports reclaimed water reuse rather than deep well injection. SFWMD will require reclaimed water use through the regulatory process. The M *r St. Johns River Water Management District (SJRWMD) is currently requiring public water supplies to reuse up to 10 percent of their water and this requirement has been implemented in a number of major cities within SJRWMD. Lamb said that irrigation users who don't use reclaimed water won't get their full allocation. He also said that the SFWMD has some seed money for initiation of reclaimed water programs. A¢ricLlttre will not escape the SFWMD's_water use trimmine knife. New incentives will be given to agricultural irrigators to turn to low volume systems, namely drip and'micro- jet. Lamb said that they were surprised to find that about 43 percent of the agricultural irrigation projects in the upper east coast region of the SFWMD (primarily citrus) are low volume irrigation projects. Many growers apparently have seen the handwriting on the wall. The SFWMD will be implementing these new requirements with time, but they will be mnrp SDP~~~n ,~! jaid out in a re~^~~nn to the SF'WMD'G hac;c of review for water reuse which should be in draft form sometime in September or October. The SFWMD would like to have all of the new restrictions approved and as rules by April of 1991. Regional authorities and agricultural water use will be discussed at the Governing Board meeting on August 8 and 9. Patrick J. Gleason, Ph.D., P.G. (407) 586-8830 July 26,1990 •